Universal Access Trails and Shared Use Paths

Design, Management, Ethical, and Legal Considerations

Contents

How can trail groups, local governments and land trusts responsibly plan, develop and operate trails that are accessible by all people, including those with limited mobility? What are best management practices? What is legally required? When is universal accessibility not appropriate?

Summary

Track Record

Typical End Users

Conservation Impact

What You'll Need

Obstacles and Challenges

Due to its length (145 pages) and graphic complexity, it is impractical to present this manual in HTML format. Please view or download the PDF of the manual (6 MB).

Excerpt from the Manual's Introduction

This manual reviews Best Management Practices (“BMPs”) to utilize when planning, designing, constructing, and maintaining pedestrian trails for universal accessibility—for providing trails usable by all people, to the greatest extent possible, without separate or segregated access for people with disabilities. These BMPs, which derive from federal regulations, are mandatory for federal entities and those working on their behalf but voluntary for all others.

This manual also discusses accessibility BMPs applicable to shared use paths (including rail-trails). These BMPs derive from proposed federal regulations, which will, if and when finalized, be mandatory for all government entities but not for private organizations.

Neither of these sets of BMPs applies to trails or paths not intended for pedestrian use—for example, ATV, mountain biking or horseback riding trails.

Also discussed are the federal accessibility rules applicable to the pedestrian routes that connect parking lots, trails, shared use paths, and other accessible facilities to each other.

All trails and shared use paths—indeed, any areas open to pedestrians—that are owned or operated by a public or private entity covered by the Americans with Disabilities Act are subject to federal regulations on Other Power-Driven Mobility Devices (“OPDMDs”). These rules potentially greatly expand the types of vehicular devices that must be permitted on trails, shared use paths, other routes, and other areas open to the public. This publication discusses ways to manage access by these vehicles.

The manual also highlights as case studies several state-of-the-art trails among the many trails that provide universal access, as well as providing practical advice on technical standards, policies, and offering other helpful resources.

In summary, the manual:

Explores who are the likely users of trails and shared use paths that provide universal accessibility;

Identifies which entities are legally bound by the federal accessibility rules governing trails and the ones being developed for shared use paths, and which entities should regard these rules as BMPs;

Reviews accessibility laws, regulations, exceptions, and BMPs relating to trails, shared use paths, and other pedestrian routes used in outdoor settings;

Gives planning, design, and implementation guidance for developing trails and shared use paths that comply with accessibility standards and BMPs; • Shares practical ideas for developing policies and implementing practices in support of accessibility;

Reviews federal regulations governing OPDMDs and recommends what organizations may do to manage these devices;

There are many types of non-motorized, land-based recreational trails and shared use paths: hiker/pedestrian trails, mountain biking trails, equestrian trails, and multi-use trails designed for several user types. The companion guide to this publication, the 2013 Pennsylvania Trail Design and Development Principles: Guidelines for Sustainable, Non-Motorized Trails (the “Pennsylvania Trail Design Manual”), provides a great deal of guidance and detailed information about the characteristics of the various types of trails and paths. Readers should use that publication as a primary resource to help evaluate which specific type of route they want to plan, design, construct, and manage for their site. This publication focuses on the accessibility aspects of the most commonly constructed types.

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How can trail groups, local governments and land trusts responsibly plan, develop and operate trails that are accessible by all people, including those with limited mobility? What are best management practices? What is legally required? When is universal accessibility not appropriate? This manual a…

A landowner may convey to another person the rights to create a trail, open it for public use and maintain it without the owner giving up ownership and enjoyment of the land through which the trail passes.

Disclaimer

Nothing contained in this or any other document available at ConservationTools.org is intended to be relied upon as legal advice. The authors disclaim any attorney-client relationship with anyone to whom this document is furnished. Nothing contained in this document is intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any person any transaction or matter addressed in this document.